Foreign Object

On April 26, 2018 the Mississippi Supreme Court decided Doretha Thompson v. Baptist Memorial Hospital-DeSoto, Inc. and James E. Fortune, M.D. This case has one of the best summaries I know of dealing with the law where a foreign object is left in someone.   The case involved a defense verdict where a sponge was left in a patient.    On appeal, the Court reverses because of the trial curt’s refusal of two instructions that would have told the jury that if they found that a sponge was left in Thompson’s abdomen, then a presumption of negligence is raised that must be rebutted.